534

INDEX.

W.

Wife.

1. Of a wife's equity to have a mortgage of her estate, in
making which she had joined with her husband, paid
out of his assets

2. Parol evidence of her renunciation of this equity is ad-

missible

Will.

PAGE

76

76

1. Provisions of the statute of frauds respecting wills 287, 288
2. Of the execution of wills

289

3. A brief account of the progress of the testamentary
power

ib. 290-293

4. Progress of the testamenti factio in the Roman juris-
prudence

290-292 n.

5. Restraints upon the testamentary power, by the cus-
toms of London and York

6. Of donations mortis causa

7. What delivery necessary

294 n.

295, 296, 298 n.
299 n.

8. A transfer of stock is sufficient to constitute such deli-

very

9. Of the power of bequeathing legacies in the different
stages of the Roman law

ib. 300 n.

295, 297 n.

10. The loose constructions of the statutes of wills
11. These called for the restraints imposed by the statute
of frauds

304

307

12. Advantage of a written will-its contents may be con-
cealed from the witnesses

308

13. Attestation required by the statute of frauds 307, 308, 309
14. Signing and sealing sufficient execution and publica-

15. A will may be written on any material and in any cha-

19. Reasons for holding copyholds to be out of the statute

318, 319

20. Lords Hardwicke and Mansfield dissatisfied with the

reasons

PAGE

319, 320

21. Same doctrine applies to trusts of copyholds
22. The trust of a copy hold estate will pass by a will, un-
attested according to the statute of frauds

320, 321

321, 322

23. Whether such appointment, or declaration of the uses
of a copyhold surrendered, may be without writing 322
24. An attested will of copyhold may be revoked by an un-
attested will

322

25. How far such will, though it operates as an appoint-
ment or declaration, partakes of the qualities of a will 323
26. A will, disposing of the equitable estate in customary
freeholds, must be executed and attested according to

27. An instrument, in its nature testamentary, has all the
incidents belonging to a will

28. All equitable estates of freehold must be devised by a
will executed and attested, agreeably to the statutes
29. Wills of lands devisable by custom must be in writing,
and pursuant to the statute

ibid.

ib. n.

325

ibid.

30. Powers of appointment, to be executed generally by
will, without any directions as to the mode in which
such will is to be executed, must be executed by a
will attested according to the statute

31. The same doctrine holds as to trust estates

32. But if such power extend to personal as well as real
estate, and the will be not executed so as to pass real,
it may, nevertheless, be effectual to pass the personal

estate

33. If an agreement be entered into, to charge lands with
such sums as a stranger shall by his last will direct,
such direction will be good if made by an unattested
will

326

ibid.

327

ibid.

ibid.

34. Secus, if such power be given or reserved to the owner,
or to one of the owners of the inheritance
35. When equity will help a defective execution of a will, 331,
and see advertisement.

36. Whether a power can be reserved or given, to appoint or make disposition of a real estate by a will unattested according to the estate

37. A man cannot by will reserve a power of disposing of
real estate by a future unattested will or codicil
38. Analytical view of the great case of Habergham v.
Vincent

39. If an instrument be not intended to have effect till the
death of the party, it is testamentary in its operation
and quality, whatever may be its form

40. In what sense a codicil is part of a will
41. Difference between a conveyance to uses, and a will, in
respect to the legality of reserving a power of future
disposition

PAGE

42. Every paper to which a will, duly attested, refers, if it comprise a disposition of real property, to be effectual as a testamentary paper, must either be incorporated originally into the will, or be executed according to the statute; and such paper so to be incorporated, must be distinctly referred to and described by such will

43. Difference between a reference to a paper actually in existence at the time, and one intended to be written

332

ibid.

333

338

ibid.

ibid.

339

ib. 340

44. An exposition of the grounds of construction, as to the effect of the limitations in Habergham v. Vincent

ib. n.

and see advertisement.

45. By a will duly executed, charging land generally with legacies, a testator enables himself to lay any number of additional legacies on the land, by a subsequent testamentary diposition unexecuted

46. Distinction between the case of subsequent legacies attaching upon the land, by virtue of a former will charging them generally upon the land, and the reservation by will of a future power of disposition

47. A sum of money, devised out of land, is part of the land in equity, and such disposition is within the sta

344

345

tute

346, 347

48. A direction by will to sell land for certain purposes, does not so ultimately change the character of the property, as that the surplus, after the particular objects are satisfied, may pass by an unattested codicil

49. To effect such absolute conversion, a clear intention
ought to be demonstrated

50. Where a testator shows both real and personal estate
to be equally in his contemplation, as the funds out
of which the legacies are to be satisfied, a revocation,
effectual as to the personalty, but insufficient as to the
realty for want of being attested according to the sta-
tute, will leave the land still subject to the charge
31. The court cannot see the intention of the testator with
respect to his real property, unless he expresses it by
a will, executed according to the statute
52. Devise of a rent out of land must be by will, attested
by three witnesses

PAGE

347

348

349

ib. 350

351

53. Same doctrine as to tolls, navigation shares, commons, profits of stallage, petty customs, market, fair, piscary

352

54. As to wills affecting things affixed to, or growing upon the freehold

364

55. Heir-looms

367

56. Mortgagees in equitable consideration are not within the clauses respecting wills in the statute of frauds ib. 368, 369 n.

57. An unexecuted will is not even of force to raise a case
of election against a person taking a benefit in the
personal estate by the same will
58. But if in such unexecuted will there is a legacy to the
heir upon condition, that he did not dispute the will,
he is put to his election

59. If a man have leaseholds and freeholds, and devise all
his lands and tenements by a will unattested, it seems
that the leaseholds will not pass

60. Though a will be proceeded in at different times, and often suspended and resumed, yet it will require only one execution

370

373

379

395

61. Of the execution of a will, written on different pieces of paper

PAGE

395

62. In what sense a codicil is to be understood, as incorporated into and making part of the will

399

63. The expressions of the codicil may prevent the passing of intermediate acquisitions

66. Of nuncupative wills and revocations

64. Of the requisites to the validity of a personal testa

ment

65. Of the form of the testament

ib. n.

448

450, 451

455

67. Requisites essential to the making of nuncupative wills

456

68. Of the quality of the witnesses to establish a nuncupative testament

ibid.

69. And of the degree of evidence

ib. 457

70. of altering a written will by a nuncupative disposition

71. Of soldiers' and seamen's wills

458, 459

459

72. Of the 6th section respecting revocations of wills of lands.

460

73. Of the grammatical reading of the language of this section, whereby it is brought into agreement with the provisions of the preceding clause

462

74. Of the legal distinctions, founded upon this construction

ibid.

75. A will or codicil, to revoke a former will, must be executed with the same solemnities as the original will

ib. 463

76. A fresh disposition, by an executed will, inconsistent with the dispositions of a former will, is a revocation, though without any express intent to revoke

77. A writing, not purporting to be a will, nor attested as such, and which contains dispositions inconsistent with a former will, must contain an express declaration to revoke, and be duly signed, to operate as a revocation

78. A subsequent will, containing dispositions of lands bequeathed by a former will, and also a general revoking clause, will not revoke the first will, unless executed